The Court disposed of a PIL regarding illegal enroachment of public land, holding that the petition is not maintainable. The petitioner was directed to approach the Tehsildar for a representation under Section 26 of the U.P. Land Revenue Code, 2006.
Petitioner directed to move a representation before the Tehsildar for redressal of grievances.
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Court No. - 7
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 558 of 2021
Petitioner :- Manveer Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ayub Khan Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Ayub Khan, learned counsel for the petitioner, who is available on audio/video link. Learned Standing Counsel representing respondents 1,2,3 & 4 is also available.
Present writ petition filed as PIL came up for admission on 18.6.21 and this Court passed following order:-
"Learned counsel for the petitioner prays for and is allowed ten days time to file a supplementary affidavit, bringing on record copy of the Khatauni which may go to show that the plot in question is recorded as Chakmarg.
Post as fresh, once again, on 7.7.2021."
Learned counsel for the petitioner contends that in compliance of above order dated 18.6.2021 necessary supplementary affidavit has been filed in the registry today. Let the same be placed on record by registry.
The petitioner has approached this Court by means of present PIL for following relief:-
"(A) issue a writ, order or direction in the nature of mandamus commanding & directing the respondent nos. 01 to 04 to take necessary action against illegal enroachment made by respondent nos.05 to 12 and its associates person over CHAKMARG no.3411 situated in between khet no.3410 and 5890 at Village : Shikarpur, Pargana & Tehsil : Shikarpur, District Bulandshahr and reserve for the interest of public at large, so that justice may be done.
(B) issue any other suitable order or direction as this Hon'ble court may deem fit and proper in the circumstances of the case.
(C) and award cost of the petition to the petitioner."
At the very outset, learned Standing Counsel representing
respondents 1, 2, 3 & 4 has raised preliminary objection regarding maintainability of present writ petition by submitting that remedy of petitioner lies by moving an application before respondent 4 Tehsildar, Tehsil Shikarpur, District Bulandshahr for initiating proceeding in terms of Section 26 of U.P. Land Revenue Code, 2006.
When confronted with above, learned counsel for petitioner could not over come the same.
Having heard, learned counsel for the petitioner, learned Standing Counsel and upon perusal of record, this Court finds that no useful purpose shall be served by keeping this present writ petition pending.
Accordingly, this writ petition filed as PIL is disposed of finally by directing petitioner to move a representation before respondent 4 Tehsildar, Tehsil Shikarpur, District Bulandshahr for redressal of his grievances as prayed for in present writ petition. In case such a representation is filed before respondent 4, he shall proceed to take a decision upon same whether to proceed under Section 26 of U.P. Revenue Code, 2006 or not within a period of two months from the date of production of a certified copy/computer generated copy of this order which shall be filed by petitioner before respondent 4 by means of a notary affidavit. Needless to say that respondent 4 while deciding the representation of petitioner shall also take into consideration the pendency of W.P. No.40749 of 2008, Chaman and others vs. D.D.C. Bulandshahar and others and orders passed wherein.
Order Date :- 7.7.2021 piyush
2 issues framed by the court
Whether the writ petition challenging illegal land enroachment is maintainable.
Whether this Court should dispose of the petition by directing the petitioner to seek remedy through the appropriate revenue forum under Section 26 of U.P. Land Revenue Code, 2006.
1 provisions across 1 enactments
Manveer Singh
State Of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
